The “tuning out,” drawing of pictures and nonresponsiveness that accused killer Edward Timothy Romero has displayed at recent court hearings don’t make him incompetent to stand trial, a Denver judge decided Friday.

Romero has pleaded not guilty by reason of insanity to fatally shooting and dismembering 16-year-old Alicia Martinez in October 2010.

On the eve of trial and with two findings for competency already on the record, Romero’s public defenders raised a last-minute question as to whether he was able to understand proceedings and participate in his own defense.

At a hearing Friday, defense attorneys argued that the highly emotional testimony at trial and hearing the gruesome facts of the crime were too stressful for Romero and would likely send him into a dissociative state.

Denver District Court Judge Shelley Gilman noted that throughout the many lengthy hearings since the beginning of the case, she had seen no problems nor had his attorneys voiced concerns until trial was imminent.

“There may be times when Mr. Romero may choose to avoid listening to the evidence to deal with the stress, but he can be redirected,” Gilman said.

Gilman relied on an October examination that Dr. Patrick Fox with Denver Health performed on Romero. Fox found him competent but suggested frequent breaks and monitoring Romero throughout a trial.

“Mr. Romero has the capacity to understand the proceedings and participate in his own defense,” Fox testified. “He sometimes minimizes his own ability to do that (with statements like) ‘I can’t do it. It’s too stressful.’ “

During Friday’s hearing, Romero sat with his eyes to the floor and rapidly bounced his right leg. His attorneys noted he refused to respond to or acknowledge their questions toward the end of the hearing.

Defender Holly Lucas said she and co-counsel Arnie Beckham would be unable to closely monitor Romero to ensure he is paying attention to testimony.

“His lack of memory and the dissociation means he cannot participate in his own defense,” Lucas said. “It’s our opinion Mr. Romero will become incompetent during the trial.”

Prosecutors on Friday expressed frustrations with the many delays when discussing future pretrial hearings.

The owners of Boulder’s Sterling University Peaks apartments, who this summer were cited for illegally subdividing 92 bedrooms in the complex, have reached an agreement to settle the case for $410,000, the city announced Thursday.